Commission to take action on ‘sham’ marriages

Member states can refuse the spouse of an EU citizen the right to live on their territory if the marriage has not lasted a certain amount of time, the European Commission will announce tomorrow (2 July).

But governments must take other criteria into account when assessing so-called sham marriages, such as whether a couple have a joint mortgage to buy a house, according to the draft guidelines seen by European Voice.

The Commission guidelines are aimed at helping member states deal with what they say are a number of sham marriages between EU citizens and non-EU citizens since a 2004 directive came into force guaranteeing the right to move freely around the Union for EU citizens and their spouses.

But in a move that will be seen as addressing Italy’s treatment of its Roma population, the Commission will also say that restrictions on free movement must be on a “case-by case basis where the personal conduct of an individual represents a genuine, present and sufficiently serious threat”.

It says that “automatic expulsions are not allowed under the directive” while previous criminal convictions can only be used as a reason for refusing a citizen the right to move to another EU state if they pose a “present threat”.

“Freedom of movement for persons is one of the foundations of the EU. Consequently the provisions granting that freedom must be given a broad interpretation, whereas derogations from that principle must be interpreted strictly,” say the guidelines.

The Commission is issuing the guidelines following calls by Denmark, Ireland, the UK and Italy to change the 2004 directive to allow them to put limitations on who is allowed to reside in their territory. These member states were concerned after a European Court of Justice ruling in July last year struck down a law in Ireland which banned non-EU citizens living in Ireland with their non-Irish EU spouse unless they had lived previously in another member state.

The Commission guidelines would allow member states to refuse non-EU citizens the right to live with their spouses from another EU member state on their territory if the marriage does not meet certain criteria.

“National rules on durability of partnership can refer to a minimum amount of time as a criterion for whether a partnership can be considered as durable. However, in this case national rules would need to foresee that other relevant aspects (for example, a joint mortgage to buy a home) are also taken into account,” say the guidelines.

Denmark, where the issue has taken on political significance, is expected to continue to call for the directive to be revised. The Danish People’s Party pledged to support the government on condition that the ruling is over-turned by revising the directive.

The Irish department of justice said that it had evidence of sham marriages taking place since the directive came into force in 2006 and highlighted a high number of marriages in Ireland between Latvians and immigrants from Pakistan, India and Bangladesh.